Fischer, Thomas v PSS Board [1997] FCA 443

Fischer, Thomas v PSS Board [1997] FCA 443

Rule 12.2.1 of the Scheme's Rules empowers the Board to vary components or factors used to determine the amount of benefits, but not the timing of payment. Therefore, the Board was not empowered to advance the time of payment of the employer component of Mr Fischer's preserved benefit.

Parties
Appellant: Thomas Fischer; Respondent: PSS Board
Jurisdiction
Australia
Judgment Date
29 May 1997
Procedural Posture
Appeal / Full Court Judgment Following Appeal From a Single Judge of the Federal Court of Australia, Who Heard an Appeal From a Determination of the Superannuation Complaints Tribunal
Outcome
Appeal dismissed
Legal Topics
Construction of Trust Deed Provisions, Discretionary Powers of Trustees, Early Release of Preserved Superannuation Benefits
Superannuation Law Administrative Law Construction of Trust Deed Provisions Discretionary Powers of Trustees Early Release of Preserved Superannuation Benefits

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Thomas Fischer

Appellant

PSS Board

Respondent

Procedural Posture

Appeal / Full Court Judgment Following Appeal From a Single Judge of the Federal Court of Australia, Who Heard an Appeal From a Determination of the Superannuation Complaints Tribunal

Legal Issues

  1. 1 Whether the Board's power under Rule 12.2.1 of the Public Sector Superannuation Scheme Rules to 'vary any of the components or factors applicable in the determination of benefits' includes the power to advance the time for payment of a benefit

Ratio Decidendi

Rule 12.2.1 of the Scheme's Rules empowers the Board to vary components or factors used to determine the amount of benefits, but not the timing of payment. Therefore, the Board was not empowered to advance the time of payment of the employer component of Mr Fischer's preserved benefit.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • There is no order as to costs; each party bear their own costs.